NEAR EAST UNIVERSITY GRADUATE SCHOOL OF SOCIAL SCIENCES

DEPARTMENT OF LAW MASTER’S PROGRAM

MASTER’S THESIS

SHOULD THE UN INTERVENE INTO TO OPPRESSIVE REGIMES? A COMPARATIVE

EXAMINATIONS OF THE LEGAL OF HUMAN RIGHT JUSTIFICATIONS FOR INTERVENING

IN AFGHANISTAN AND LIBYA AND THE INACTION IN SYRIA

Hadi Abdullah MAWLOOD

NICOSIA 2016

   

   

NEAR EAST UNIVERSITY

GRADUATE SCHOOL OF SOCIAL SCIENCES DEPARTMENT OF LAW MASTER’S PROGRAM

MASTER’S THESIS

SHOULD THE UN INTERVENE INTO TO OPPRESSIVE REGIMES? A COMPARATIVE

EXAMINATIONS OF THE LEGAL OF HUMAN RIGHT JUSTIFICATIONS FOR INTERVENING

IN AFGHANISTAN AND LIBYA AND THE INACTION IN SYRIA

PREPARED BY

Hadi Abdullah MAWLOOD 20135446

Supervisor Asst. Prof. Dr Resat Volkan GUNEL

NICOSIA 2016

   

   

NEAR EAST UNIVERSITY

GRADUATE SCHOOL OF SOCIAL SCIENCES Department of Law Master’s Program

Thesis Defence

Thesis Title: Should The UN Intervene Into To Oppressive Regimes? A Comparative Examinations of The Legal Of Human Right Justifications For Intervening In

Afghanistan And Libya And The Inaction In Syria

We certify the thesis is satisfactory for the award of degree of Master of Law

Prepared By: Hadi Abdullah MAWLOOD

Examining Committee in charge

Asst. Prof. Dr. Reşat Volkan Günel Near East University

Thesis Supervisor

Head of Law Department

Dr. Tutku Tugyan Near East University

Law Department

….………………… Near East University

………… Department

Approval of the Graduate School of Social Sciences

Assoc. Prof. Dr. MUSTAFA SAĞSAN

Acting Director

 

iii    

 

ABSTRACT

 

The establishment of the United Nations is for the sole reason of protecting the entire

peace and for the entire human race. The protection and advancement of Human

Rights as innate and enforceable rights are the known tenets behind the establishment

of the United Nations. The failure of the League of Nations to protect the entire

world against the Second World War culminated in its downfall. How has the United

Nations faired in this task of protecting and guiding the world and the entire race of

man especially considering the happenings and occurrences/crisis witnessed in

Afghanistan, Libya and Syria? the invasion of Afghanistan by the United States of

America so as to search or get Osama Bin Laden highlights the partisan and how

highly politicized the United Nations is and how politically influential the United

States is, it sums it up that the United Nations is powerfully behind or at the beck and

call of the united States. Despite the unlawful invasion of Afghanistan, the United

Nations took no drastic measure to penalize the United States. Muammar Gaddafi

became to sole target of the forces of the world because of his anti-United Nations

stand and his vehement criticism of the United States. While he was undemocratic,

the support given to rebels by the NATO forces till today leaves a whole lot of

questions begging, yet, Bashir Al-Assad till this present moment kills and maim his

subjects, yet the United Nations and the pokenoser United States of America have

adopted a sudden look approach, can their actions be economical? Your thoughts are

as good as mine.

Keywords: United Nations, Human Rights, Afghanistan, Libya, United States.

 

 

 

 

 

iv    

 

DECLARATION

I hereby declare that this master’s thesis titled as “Should the UN Intervene into to

Oppressive Regimes? A Comparative Examinations of the Legal of Human Right

Justifications for Intervening in Afghanistan and Libya and the Inaction in Syria”

has been written by myself in accordance with the academic rules and ethical

conduct. I also declare that all the materials benefited in this thesis consist of the

mentioned resources in the reference list. I verify all these with my honour.

… /…. / 2016

Hadi Abdullah MAWLOOD

v      

 

 

DEDICATION  

To my Family

Without whom none of my success would be possible

vi    

 

ACKNOWLEDGMENT

I would like to express my highest consideration and appreciation to all who have

contributed and supported the completion of my research project, especially my

supervisor, Asst. Prof. Dr. Resat Volkan Gunel for his support for his gaudiness and

advisors.

Herein I would like also to thanks the Government of the Kurdistan Region for the

generously, provide the study expenses and ensure continued support.

Finally I would express my thankful and gratitude to my family in Erbil, in particular

my brother Khidher Mawlood for his kind support and follow up me in completing

the research project.

 

vii    

 

TABLE OF CONTENTS    

ABSTRACT  ..........................................................................................................................  iii  

DECLARATION  ..................................................................................................................  iv  

DEDICATION  .......................................................................................................................  v  

ACKNOWLEDGMENT  ......................................................................................................  vi  

TABLE OF CONTENTS  ....................................................................................................  vii  

ABBREVIATIONS  ..............................................................................................................  ix  

CHAPTER ONE: INTRODUCTION  ..................................................................................  1  

1.1   Background of the Study  ......................................................................................  4  

1.2 Aims and Objectives of the Study  ..............................................................................  5  

1.3 Research Methodology and Material  .........................................................................  5  

1.4 Statement of the Problem  ............................................................................................  5  

1.5 Structure of the Thesis  ................................................................................................  6  

CHAPTER TWO: HISTORICAL BACKGROUND OF THE UNITED NATIONS  ......  7  

2.1 The Dumbarton Oaks Proposals  ................................................................................  9  

2.1.1 The San Francisco Conference  ..........................................................................  10  

2.2 Organs of the UN  .......................................................................................................  13  

2.2.1 The General Assembly  .......................................................................................  13  

2.2.2 The Security Council  ..........................................................................................  13  

2.2.3 The Economic and Social Council  .....................................................................  14  

2.2.4 The Trusteeship Council  ....................................................................................  15  

2.2.5 The International Court of Justice  ....................................................................  15  

2.2.6 The Secretariat  ....................................................................................................  15  

2.3 Functions of Organs of the UN  .................................................................................  16  

2.3.1 Peacekeeping, Peacemaking, and Peace Building  ............................................  17  

2.3.2 Sanctions and Military Action  ...........................................................................  18  

2.3.3 Arms Control and Disarmament  .......................................................................  18  

2.3.4 Economic Reconstruction  ..................................................................................  18  

2.3.5 Financing Economic Development  ....................................................................  19  

2.3.6 Trade and Development  .....................................................................................  19  

2.3.7 Refugees  ...............................................................................................................  20  

2.3.8 Human Rights  .....................................................................................................  20  

2.3.9 Control of Narcotics  ...........................................................................................  20  

2.3.10 Health and Welfare Issues  ...............................................................................  21  

viii    

 

2.3.11 The Environment  ..............................................................................................  21  

CHAPTER THREE: AFGHANISTAN AND LIBYAN CRISIS: ORIGIN OF CRISIS, VIOLATION AND OPPRESSIONS IN THESE COUNTRIES, RIGHTS AND JUSTIFICATIONS (IF ANY) FOR THE INTERFERENCE OF UNITED NATION’S  ...............................................................................................................................................  23  

3.1 Legal Basis for the Use of Force against Afghanistan  ............................................  26  

3.2 Libyan Crisis  ..............................................................................................................  29  

3.3 How Legal Was the Intervention of the UN in the Libyan Crisis  ..........................  31  

CHAPTER FOUR: SYRIAN SITUATION  ......................................................................  34  

4.1 In Comparison to the Afghanistan and Libyan Crisis and Why the United Nations Has Failed To Act/Interfere  ..............................................................................  34  

4.2 REASONS FOR NOT INTERFERING IN THE SYRIAN CRISIS  .....................  37  

CHAPTER FIVE: CONCLUSION AND RECCOMENDATION  ..................................  40  

REFERENCES  ....................................................................................................................  44  

 

ix    

 

ABBREVIATIONS

UN: United Nations

NATO: North Atlantic Treaty Organization.

UNSCR

USSR

UDHR: Universal Declaration of Human Rights

ICJ: International Court of Justice

UNGA: United Nations General Assembly

ECOSOC: The Economic and Social Council

FAO: Food and Agriculture Organization of the United Nations

WHO: World Health Organization

UNESCO: UN Educational, Scientific and Cultural Organization

UNDP: United Nations Development Programme

UNICEF: United Nations International Children Emergency Fund.

UNHCR: United Nations High Commissioner for Refugees

AIDS: Acquired Immune Deficiency Syndrome

UNEP: United Nations Environment program

PDPA: People’s Democratic Party of Afghanistan

UNAMA: United Nations Assistance Mission for Afghanistan

IRA: Irish Republican Army

1      

 

CHAPTER ONE: INTRODUCTION

 

The study point of this thesis paper will definitely be Article 1 of the United Nations

charter which is the original foundation of the protection of peace of the

(Kollerstrom, 2004) world and the pillar upon which protection of Human Rights is

built Sørensen, 1968). The very Article 1 of the United Nations charter sets out the

very tenacity of the United Nations (Hrc.co.nz, 2015) which is:

“to maintain international peace and security, and to that end to take effective

collective measures for the prevention and removal of threats to the peace,

and for the suppression of facts of aggression or other breaches of the peace,

and to bring about peaceful means…” Hrc.co.nz, 2015).

The clear inference that can be taken away from Article 1 of the UN charter is the

clear reference to International Peace and Security” (Bercovitch, Huang & Teng

2008). And it can be said that the IPS is fundamental to the structure and

establishment of the UN (unic.org, N.D.). It can thus be said that it is when it is

established that presence of danger is showing up to IPS that the UN can begin to

act. This is also confirmed in Article 2 of the UN Charter:

“Nothing contained in the present charter shall authorize the United Nations to

intervene in matters which are essentially within the domestic jurisdiction of

any state or shall require members to submit such matters to settlement under

the present charter; but this principle shall not prejudice the application of

enforcement measures under chapter VII” (chasamhuka, 2007).

The stipulation identifying with part VII authorization might appear to give a special

case. Be that as it may, part VII is worried with "activity concerning dangers to

peace, ruptures of the peace and demonstrations of animosity" (Paphiti, 2013). It is

not vague from the procurement of Article 39 that it is a concern of the Security

Council to figure out if all risks to the peace, rupture of peace or demonstration of

animosity in existent and "should make suggestions, or choose what methods might

be brought as per Articles 41 and 42, to keep up or bring back universal peace and

security (Paphiti, 2013). This without doubt leaves the Security Council with the

2      

 

envious power to decide (oxfordjournals.org, N.D.) where or whether a threat to the

peace of the world exist somewhere or somehow (Campen, 2013).

The question that readily covers to mind at this point is that, what are the actions of a

state that constitutes a breach to the world peace and security (pfpconsortium.org,

N.D.)? It is important to stress that what determines a breach of peace must be

accurately dug out and politicization of such brings about problems greater than the

breach on ground. We all perceived how on account of Kosovo, cases of genocide by

Serbian strengths, which served to expand the ethical weight on the United States to

act, were never (Paphiti, 2013) exactly on point. The introduction of the UNSCR

1973 announced a danger to International peace and security, and gave lawful power

for part VII activity, however without clarification of what that risk was (Paphiti,

2013).

Russia and China are individuals from the United Nations Security Council and both

saw what happened in Libya in February 2011 as an all that much inside matter

(Paphiti, 2013): certain parts of the Libya masses faced Gaddafi (Paphiti, 2013). As

of right now, there was no affable war, while comparative event was on in the

Middle East where the reaction of the UN was uniquely distinctive (Paphiti, 2013).

The murdering of regular people is terrible at whatever point it happens be that as it

may, as seen by experience, shocking passing of regular folks when battling

furnished gatherings is a typical outcome which does not fundamentally sum to

genocide or a risk to global peace and security (Paphiti, 2013). It is important to

state that it is not just killing of civilians that amount to being oppressive, there are

some other human Rights abuses that can tag a state regime or government as

oppressive but the question that arises is that is it all abuses that breach international

peace and at what point does the international community comes into play or

intervenes. It is again important to state that it is not all United Nations intervention

that involves unseating the government or war. Through the working group system

and Rapporteur mechanism, the United Nations inference in certain violations by

calling the attention of the government of the country to such violation after making

necessary findings and arriving at adequate points of information.

“In the wake of these conflicts, a new understanding of the concept of

security is evolving. Once synonymous with the defense of territory from

3      

 

external attack, the requirements of security today have come to embrace the

protection of communities and individuals from internal violence” (Paphiti,

2013)

Can this be said to be a digression form the warning to the IPS? Again, the report of

the Evans Commission was concerned that:

"There were an excess of events amid the most recent decade when the

Security Council, confronted with inner voice stunning circumstances,

neglected to react as it ought to have with opportune approval and backing, and

occasions amid the 1990s showed on an excess of events that even a choice by

the security gathering to approve worldwide activity to address circumstances

of grave philanthropic concern was no certification that any move would be

made or taken successfully" (Paphiti, 2013).

In the "standards for military intercession", it is prescribed that the individuals from

the Security Council ought not to utilize their veto powers where their indispensable

state hobby are not included. At standard E, it is suggested that "if the Security

Council rejects a proposition or neglect to manage it in a sensible time, elective

choices are:

i. Consideration of the matter by the General Assembly in Emergency Special

session under the “uniting for peace procedure;

ii. Action within area of jurisdiction by regional or sub-regional organizations

under chapter VII of the charter, subject to their seeking subsequent

authorization from the Security Council (Paphiti, 2013).

Nevertheless at rule F, it statuses "F" (Paphiti, 2013). The Safety board ought to

consider in every one of its consultations that, on the off chance that it neglects to

release its obligation to ensure in heart stunning circumstances shouting out of

activity, concerned states may not discount different intends to meet the gravity and

earnestness of the circumstance and that the stature and validity of the United

Nations might endure in this manner (Paphiti, 2013). Kofi Annan then underlined

that the obligation to secure ought not be mistaken for compassionate mediation, but

rather was to guarantee that country's activity if another situation like that of Rwanda

4      

 

lingered where roughly 800,000 individuals were executed by individual kinsmen

(Paphiti, 2013). Around then, there was a United Nations power in Rwanda, the

power was neither ordered nor prepared for the sort of mighty activity which around

then could have ended the genocide (Paphiti, 2013). The "Responsibility to ensure"

created at the 2005 summit has a reasonable and unambiguous acknowledgment by

all legislatures of the aggregate universal obligation to shield individuals from

genocide, atrocities, ethnic purifying and wrongdoings against humankind (Paphiti,

2013). Countries consented to make convenient and definitive aggregate move for

this reason through the Security Council when quiet means demonstrate deficient and

national powers are obviously neglecting to do as such (Paphiti, 2013). The

obligation to ensure remains a 'rising standard". So as to accomplish agreement for

the regulation, it was expressed that "specific concessions, however must be made by

restricting obligation to secure extension to four violations (genocide, atrocities,

ethnic purging and wrongdoings against humankind and also their instigation)

(Paphiti, 2013). Instead of the criteria of genuine damage as appear in the UN charter

(Paphiti, 2013). This paper is concerned about the Human Violations and abuses that

might have provoked the United Nations into interfering with actions and

considering what the topic says, justification for interring in Afghanistan and Libya,

how threat-full were the action of the them government to warrant the interference of

the United Nations side by side with what might have shout the United Nations out

of Syria.

1.1 Background of the Study

The UN Charter established the UN and that came into being after two world wars

have ravaged the world (Abeyratne, 2013). The United Nations came to seek for

world peace and security. This paper tends to look into how the United Nations has

maintained its standard in seeing to violations and protection of citizens in certain

offensive regimes, also looking into the justification of the United Nations looking

into the internal operations of certain countries (Afghanistan and Libya) and also

why and what has so far prevented the United Nations from intervening in the

current crisis of Syria. Overtime, the United Nations has been accused of politics and

5      

 

using power it has to fight selectively or to face a particular nation or leader that is

against powerful forces of the world.

1.2 Aims and Objectives of the Study

The aim of this work is to see clearly the factors that pushes the United Nations into

interfering in the offensive regimes or abuses of some nations, and sometimes fail to

interfere in certain countries where the violation looks vivid and disturbing.

1.3 Research Methodology and Material

The United Nations charter will be of help as seen in the introduction, various

General Assembly resolutions of the United Nations shall be consulted in helping to

(Abeyratne, 2013) arrive at reasonable and well taken conclusions (United Nations

DESA, 2009). The Security Council reports and also reports submitted by working

groups and Rapporteurs are also of paramount importance in this paper. Articles and

books on the United Nations and scholarly contributions are also of importance in its

paper. Internet sources and postulations and articles on the United Nations website

shall be consulted widely and lucidly.

1.4 Statement of the Problem

This paper attends to problems that arise out of the inference of the United Nations

into the happenings and occurrences of a nation. This paper looks into why the

United Nations as an international umbrella of all nations is selective in its

interference in affairs of nations (United Nations DESA, 2009), this paper looks

deeply into what and what are the tools, signs and actions that calls on the United

Nations to look into the happening of a particular country and what time does it

becomes important to interfere.

6      

 

1.5 Structure of the Thesis

This work is arranged into five chapters of articulated research and subsequently

digested as follows.

The first chapter stocks the introduction, which gives a simple introduction and

overview of the paper. Then it also contains the background of study, which sets the

groundwork of this paper. The research methodology and materials, aims and

objectives logically explains what this thesis aims to achieve or teach. The statement

of problem is also in this chapter, the structure of this paper is presently being done

as this is written here and now.

The second chapter addresses the essence of the United Nations and why it came into

existence, what and what the United Nations was established for.

The third chapter did clarify about the Afghanistan and Libyan crisis, the origin of

the crisis and the violations/oppressions in the countries. It looks into why the United

Nation came in and looked into the justifications and rights of the United Nations to

interfere.

The fourth chapter looks into the Syrian situation and compares it to that of

Afghanistan and Libya. Looks into the reasons why United Nations failed so far to

interfere.

The fifth chapter has the conclusion and Remarks.

7      

 

CHAPTER TWO: HISTORICAL BACKGROUND OF THE UNITED

NATIONS

 

The need to keep the world safe and a better place for the continuous existence of

humanity cannot be overemphasized. This responsibility is the main focus for the

formation and establishment of the UN.

In 1899, an International Peace Conference was held at The Hague to discuss

modalities for settling crises peacefully, guiding against wars and writing down the

rules of warfare (zeroleech.us, N.D.). It decided to use the document called Pacific

Settlement of International Disputes which dealt not only with arbitration but also

with other methods of pacific settlement, such as good offices and mediation (Icj-

cij.org, 2013).

Before the United Nations was the League of Nations (ccwamum.org, n.d.), an

international organization conceived in similar circumstances and (Hall, 2013),

events in between the WW I, built up in the year 1919 by the Treaty of Versailles "to

elevate worldwide collaboration and to accomplish peace and security" so likewise

the ILO was additionally made under the Treaty of Versailles as an office identified

with the League of Nations (un.org n.d.). The failure of the League of Nations to

prevent another WW led to its collapse. On the 12th of that June 1941 the

representatives of about 14 countries comprising the of Great Britain, Canada,

Australia, New Zealand and the Union of South Africa and of the exiled

governments of Belgium, Czechoslovakia, Greece, Luxembourg, the Netherlands,

Norway, Poland, Yugoslavia and of General de Gaulle of France, met at the ancient

St. James’s Palace and sign a declaration (O'Loep, 2013). These words from this

statement continue to function as the maxims of peace:

“The only true basis of enduring peace is the willing cooperation of free

peoples in a world in which, relieved of the menace of aggression, all may

enjoy economic and social security; It is our intention to work together, and

with other free peoples, both in war and peace, to this end” (kiki-kultut.dk/UN

n.d.).

8      

 

On 1st of January 1942, President Roosevelt, Prime Minister, Winston Churchill,

Maxim Litvinov, of the USSR, and T. V. Soong, of China (Outreach.un.org, n.d.),

subscribed on behalf of their countries to a short document which later became to be

known as the United Nations Declaration and the next day the representatives of

twenty-two other nations added their signatures (un.org, n.d.). This important

document pledged the signatory governments to the maximum war effort and bound

them against making a separate peace against a collective concern of everyone

(un.org, n.d.). The complete organization together accordingly affected was in the

light of the standards as set up by the Atlantic Charter, and the principal provision of

the United Nations Declaration peruses that:

“…subscribed to a common program of purposes and principles embodied in

the Joint Declaration of the President of the United States of America and the

Prime Minister of the United Kingdom of Great Britain and Northern Ireland

dated August 14, 1941, known as the Atlantic Charter…” (un.org, n.d.).

The name "United Nations" was coined and used by United States President Franklin

D. Roosevelt (Standardized Generic Training Modules for United Nations

Peacekeeping, n.d.) during the Declaration by United Nations of 1st January 1942,

during the Second (Un.org,. 2015) World War, when representatives of 26 nations

pledged their Governments to continue fighting together against the Axis Powers

(un.org, n.d.).

Thus by 1943 all the principal Allied nations were committed to outright victory and,

thereafter, to an attempt to create a world that has a common goal of (un.org, n.d.)

“....men in all lands may live out their lives in freedom from fear and want.”

(Outreach.un.org,. 2015).

In any case, the premise for a world association had yet to be characterized or

articulated in subtle elements, and such a definition came at a specific meeting of the

Foreign Ministers (Un.org,. (2013) which had in participation Great Britain, the

United States and the Soviet Union in October 1943 (Un.org, 2015). On October 30,

the Moscow Declaration was marked by Vyaches Molotov, Anthony Eden, Cordell

Hull and Foo Ping Shen, the Chinese Ambassador to the Soviet Union (Un.org,

9      

 

2015). The Declaration swore further joint activity in managing the adversaries'

surrender (Un.org, 2015).

In December, two months after the four-power Declaration, Roosevelt, Stalin and

Churchill, meeting interestingly at Teheran, the capital of Iran, made an

announcement that concerted victory as been made with due regards to peace

(Un.org, 2015).

The Declaration read:

“We are sure that our concord will win an enduring peace. We recognize fully

the supreme responsibility resting upon us and all the United Nations to make a

peace which will command the goodwill of the overwhelming mass of the

peoples of the world and banish the scourge and terror of war for many

generations” (un.org n.d.).

The principles of the new face of the projected International Organizations was to be

laid down and this took place at Dumberton Oaks in Washington DC and in

attendance were China, USSR, Great Britain, The US (Leo, 1984). Discussions

ended during the month of October 1944 and a proposition for the structure of the

world association was put together by the four forces to all the United Nations

governments and to the (Outreach.un.org, 2014) people of nations for their education

and exchange (un.org, n.d.).

2.1 The Dumbarton Oaks Proposals

Four principal bodies were designed to constitute the organization to be known as the

United Nations (United Nations, 2012).

i. The General Assembly which is meant to be composed of all the members,

with an Economic and Social Council working under its authority;

ii. The Security Council of eleven nations; five of these were to be lasting and

the other six were to be looked over the remaining individuals by the General

Assembly to hold office for a long time (United Nations, 2012);

10    

 

iii. Then the International Court of Justice;

iv. The Secretariat (Outreach.un.org, 2014).

An Economic and Social Council, (ECOSOC) working under the immediate power

of the General Assembly all in all, was to be put in place (Outreach.un.org, 2014).

The entire pith of the arrangement was that obligation regarding counteracting future

war ought to be given upon the Security Council, leaving it with the sole obligation

of managing against wars (Un.org, 2013). The General Assembly could examine,

talk about and make suggestions with a specific end goal to advance worldwide

participation and conform circumstances liable to debilitate welfare (Un.org, 2013).

The General Assembly could consider issues of participation in keeping up peace

and security, and demilitarization, in their general standards. Be that as it may, the

General Assembly cannot consider on matters as of now before the Security Council

or make precedes onward such matters (Un.org, 2013). The issue as to the voting

methodology in the Security Council was talked about and for all time determined at

Yalta in the Crimea where Churchill, Roosevelt and Stalin, together with their

remote priests and head of staff, met in a meeting (Outreach.un.org, 2014). Another

imperative element of the Dumbarton Oaks arrangement was that part states were to

put military at the transfer of the Security Council in its undertaking of avoiding war

and smothering acts fit for inducing (United Nations, 2012). It was agreed at the

Dumberton Oaks meeting that the absence of such powerful force like the Security

Council led to the failure and later death of the League of Nations. Three years later,

when preparations were being made for the San Francisco Conference, only those

states which had, by March 1945, declared war on Germany and Japan and

subscribed to the United Nations Declaration, were invited to take part (United

Nations, 2012).

2.1.1 The San Francisco Conference

Forty-six countries in total were initially welcomed for the San Francisco

Conference: countries that had transparently and seen proclaimed war on Germany

and Japan and had pledged to the UN Declaration (Russow, 2015). Some countries

such as Poland was not in attendance in The Conference Hall in San Francisco in

11    

 

light of the fact that the structure and its political formation was not declared until it

was overdue where it is possible to go to the Conference (Russow, 2015). In this

manner, opening up a space empty for Poland's signatory, one of the first signatories

of the United Nations Declaration (Russow, 2015). The Conference gave welcome to

four different Countries — the Byelorussian Soviet Socialist Republic, the Ukrainian

Soviet Socialist Republic, recently freed Denmark and Argentina (Russow, 2015).

Hence agents of around fifty countries taking all things together, converged at the

City of the Golden Gate, delegates of more than eighty percent of the world's

populace, individuals of each race, religion and continent (Russow, 2015); all in

participation to establish a world free of all forms of abuses, a world of equality and

purpose and a world not thirsty of blood of man (Russow, 2015). They tendered

some recommendation at the Dumbarton Oaks Conference as the motivation for the

meeting and, taking a shot at this premise, they needed to deliver a Charter

satisfactory to every one of the nations as a template of living and foundation in blue

prints of the inherent privileges of humankind (Russow, 2015).

The conference experienced various disagreements, leading to speculations that it

might adjourn without achieving anything concrete and tenable, various clashes of

interest and power tussle took the centre of disagreements and heated deliberations

with countries accusing themselves of greed and lack of due consideration for others.

The begging demand, for instance, was of the standing of "regional organizations

(Outreach.un.org, 2014)." Several nations had already established and working (not

too effectively) their specific preparations for regional organization, protection and

conjoint support (Russow, 2015). There was for example already in existence the

Inter-American System and in the Arabs, the Arab League

(bestsanfranciscotravel.info, n.d.) The gathering chose to give them space for

peaceful settlement furthermore, in specific circumstances, in requirement measures,

gave that the points and activities of these gatherings agreed with the points and

purposes of the UN (Russow, 2015).

The conference on the issue of trustee and trusteeships agreed that treaties or

regional documents or conventions passed afterwards the creation of the UN have to

be duly shown to the Secretariat and the secretariat must publish them (Russow,

2015).

12    

 

There was additionally significant level headed discussion on the purview of the

International Court of Justice and it was agreed upon that no country should be

forced to accept the decision or be compelled to come before the Court (Russow,

2015). But willing members shall voluntarily take their matters to the court for

settlement and such country shall be bound.

The right of each of the nations in the Security Council to exercise a "veto" on

actions by the powerful Security Council caused a long and highly offensive and

heated debate (tmlun.org, n.d.). There was a genuine but although unfounded cause

of worry by smaller powers and nations that when one of the "Big Five" threatened

the peace, the Security Council would be frail to act, while in the case of a conflict

between two forces not permanent members of the Security Council, the "Big Five"

can act subjectively and discriminately (Russow, 2015). Smaller nations did all

possible thus to have the power of the "veto" diminished, yet, the powerful nations

collectively demanded this procurement as vital, and articulated that the fundamental

obligation regarding keeping up world peace would fall most vigorously and

exclusively on the big five of the Security Council (Russow, 2015). The smaller

nations eventually after much persuasion and enunciated reasons allowed the Big

five of the Security Council. This and other crucial subject matters were determined

simply because each country was resolved to set up, if not an impeccable

international association, at any rate as well as could be expected potentially made to

help foster peace and protect the entire race of man (Russow, 2015).

UN did not appear at the marking of the Charter; in numerous nations the Charter

must be affirmed by their parliaments (Russow, 2015). It was given that the Charter

would come into force when the Governments of China, France, Great Britain, the

Soviet Union and the United States and a higher proportion of the other signatory

States had approved it and signified notification with the State Department of the US.

On October 24, 1945, this condition was satisfied and the UN was born (Russow,

2015).

13    

 

2.2 Organs of the UN

There are basically six organs of the U.N. These are:

2.2.1 The General Assembly

The General Assembly is the core discussing structural part of the UN because it

consists of all member nations (Unaslovenia.org, 2015). The General Assembly

might examine any matters emerging under the UN Charter and make suggestions to

the floor of the Assembly (with the exception of on question or circumstances which

are being considered and thought deeply by the Security Council) (Unaslovenia.org,

2015). The Assembly forms decorum and convenes meetings from September to

December annually (Unaslovenia.org, 2015). Phenomenal sessions may be

summoned by the Assembly, at the requesting of the Security Council, or at the

requesting of a bigger section of UN Members (Unaslovenia.org, 2015).

The works of the General Assembly has been assigned to be completed by six

principle boards which incorporate, the Human Rights Council, other auxiliary

bodies and the UN Secretariat (Unaslovenia.org, 2015).

2.2.2 The Security Council

The Security Council has the primary responsibility under the Charter for

maintaining peace and security of the entire human race (Un.org, 2015). They can be

convened at any time, whenever peace is threatened. Member States are obligated to

carry out decisions reached by the Security Council (stratnet.ucalgary.ca, n.d.). At

the point when a risk to peace of the world is brought before the Council, it

ordinarily at first occurrence encourage the gatherings to achieve assertion by serene

and objective situated means. In the event that genuine emergency occurs, the

Council attempts to implore and orchestrate peace between the countries

(Unaslovenia.org, 2015). In the wake of leaving on peace missions and it fizzles, the

Council might then send peacekeeping missions to pained areas or call for monetary

endorses and embargoes to restore peace (Unaslovenia.org, 2014). The Council has

fifteen member States, including five permanent Member States: China, France,

Russia, the United Kingdom and the United States of America (Unaslovenia.org,

14    

 

2014). The remaining ten from the Security Council are chosen by the General

Assembly (Baehr & Gordenker, 1994). for two-year terms; choices require nine

votes; aside from on procedural inquiries, a choice cannot be taken if there is a

negative vote by a changeless part (known as the "veto") (Unaslovenia.org, 2014).

The Security Council likewise makes proposals to the General Assembly on the

arrangement of another Secretary-General and on the affirmation of new individuals

into the UN (Unaslovenia.org, 2014). Throughout the years and in late time, there

have been demand and racket by numerous country individuals for the development

of the enrollment of the Council to incorporate new changeless and non-lasting

individuals (Unaslovenia.org, 2014).

2.2.3 The Economic and Social Council

The Economic and Social Council (ECOSOC) is the primarily perceived body for

organizing the financial and social work of the United Nations and the UN

(Unaslovenia.org, 2014). It has 54 part countries chosen from all areas of the globe

(Unaslovenia.org, 2014). The council is committed to the general welfare of member

states and led to the codification of the Economic, Social and Cultural (Panhuys,

Frederik, Brinkhorst, & Herman, 2013) rights that enunciates the need for

governments to provide necessary amenities for the general well-being of the citizens

of the world. The Council is majorly conserves with making the social and economic

life of the entire human race lofty and delightful. To meet specific needs, the General

Assembly has set up a number of specialized and concentrated agencies (unic.org,

n.d.), for example, the Food and Agriculture Organization of the United Nations

(FAO), the World Health Organization (WHO) and the UN Educational, Scientific

and Cultural Organization (UNESCO) and projects in the preferences as the United

Nations Development Program (UNDP), the United Nations Children's Fund

(UNICEF) and the Office of the United Nations High Commissioner for Refugees

(UNHCR) (Unaslovenia.org, 2014). The work of these offices and projects is

facilitated by Economics Social Council (Unaslovenia.org, 2014).

15    

 

2.2.4 The Trusteeship Council

The Trusteeship Council was assigned under the United Nations Charter to guide and

see to the administration of Trust Territories that is, former colonies or dependent

territories which were placed under the International Trusteeship System

(Unaslovenia.org, 2014). This was made to make nations that fall under settlements

to work towards the achievement of freedom and self-power. Subsequent to the

formation of the Council, more than seventy provincial Territories, including the

(unic.org, n.d.) greater part of the first 11 Trust Territories, have accomplished

autonomy with the assistance of the United Nations. Subsequently, in 1994, the

Council chose formally to suspend its operation and to meet as and when event may

require (unic.org, n.d.).

2.2.5 The International Court of Justice

The International Court of Justice (ICJ) is the (cetim.ch, n.d.) United Nations'

principle legal organ. Managing the ICJ, or "World Court", are fifteen chosen judges,

each from an alternate country, chose by the General Assembly and Security

Council; the Court settles only disputes between nations and (Unaslovenia.org, 2014)

does not entertain individual disputes, matters are settled in accordance with the

tenets of International Law (Kriz, 2012). In the event that a nation does not wish to

join in a procedure it doesn't need to do as such, unless required by extraordinary

bargain procurements (un.org, 2012). Once a nation acknowledges the Court's

purview, it should consent to its choice (un.org, 2012). The International Court of

Justice is located at The Hague in the Netherlands (unic.org, n.d.).

2.2.6 The Secretariat

The Secretariat is made up of an international staff working at United Nations

Headquarters in the USA, as well as United Nations offices in Geneva, Vienna,

Nairobi and other locations (Unaslovenia.org, 2014). The secretariat has more than

16,000 staffs scattered in different workplaces of the United Nations, incorporating

common staff in peacekeeping missions leaving the aggregate number to roughly

16    

 

30,000 staffs (Unaslovenia.org, 2014). Staff individuals do their capacities as

coordinated (Unaslovenia.org, 2014) by the General Assembly or the Security

Council (Un.org, 2012).

The Secretariat is going and composed by the Secretary-General; he is delegated by

the General Assembly on the proposal of the Security Council for a five-year term

(Unaslovenia.org, 2014). As the boss managerial officer of the Organization, the

Secretary-General coordinates its work (Unaslovenia.org, 2014).

The Secretary General also sees to the implementations of various resolutions of the

United Nations. He may use his position to prevent conflicts or promote peaceful

settlement of disputes between countries (unic.org, n.d.). The Secretary-General may

also act on his own initiative to deal with humanitarian or other problems of special

importance (unic.org, n.d.). There have been only eight Secretaries-General since the

founding of the UN: Trygve Lie (Norway), 1946-1952 Dag Hammarskjöld

(Sweden), 1953-1961 U Thant (Burma, now Myanmar), 1961-1971 Kurt Waldheim

(Austria), 1972-1981 Javier Pérez de Cuéllar (Peru), 1982-1991 Boutros Boutros-

Ghali (Egypt), 1992-1996 Kofi Annan (Ghana), 1997-2006 Ban Ki-moon (Republic

of Korea), 2007- date (unic.org, n.d.).

2.3 Functions of Organs of the UN

The main function of the United Nations is to preserve and see to international peace

and security (aj-onu.org, 2015).

Chapter 6 of the Charter provides for the settlement of disputes, through the

intervention of the Security Council, by means such as negotiation, mediation,

arbitration, and judicial decisions (aj-onu.org, 2015). The Security Council may

investigate and establish keenly any dispute or situation to determine whether it is

likely to endanger international peace and security (aj-onu.org, 2015). At any stage

of the dispute, the United Nations may (aj-onu.org, 2015) intervene to seek a

peaceful and lasting end to any dispute or crisis. The fundamental point of aggregate

security and activity, whereby a hostility against one part is met with resistance by

every single part country, is strikingly found in section 7 of the Charter, which gives

17    

 

the Security Council the ability to arrange compelling measures, running from

conciliatory, monetary, and military approvals to the utilization of furnished power,

in occurrences where endeavors at a quiet and elevated settlement have declined to

drench and settle such emergency (all-history.org, 2015). The United Nations

Charter demands the interest of the General Assembly and non-part states in security

issues (all-history.org, 2015). Any state, whether it is an individual from the United

Nations or not, might bring any debate or circumstance that jeopardizes universal

peace and security to the consideration and notification of the Security Council or the

General Assembly (all-history.org, 2015). The Charter orders the General Assembly

all in all to altogether talk about any issues identifying with the upkeep and

reclamation of universal peace and security and to likewise make proposals as to any

such inquiries to the nation or nations concerned or to the Security Council or to both

arm (all-history.org, 2015). This approval is confined by the procurement that (all-

history.org, 2015):

“while the Security Council is exercising in respect of any dispute or situation

the functions assigned to it in the present Charter, the General Assembly shall

not make any recommendation with regard to that dispute or situation unless

the Security Council so requests” (all-history.org, 2015).

The determination of November 1950, be that as it may, the General Assembly

provided for itself the ability to manage dangers to the peace of the world if the

Security Council neglects to act in view of a veto vote by a changeless part (all-

history.org, 2015). Even though these procurements allow the General Assembly an

expansive auxiliary part, the Security Council can settle on choices that tie all

individuals, though the General Assembly can make just suggestions (all-history.org,

2015).

2.3.1 Peacekeeping, Peacemaking, and Peace Building

Global military were initially utilized as a part of Kashmir and Palestine look for a

truce in the year 1948 (all-history.org, 2015). In spite of the fact that not particularly

specified in the United Nations Charter, the utilization of such powers as a pad

between questioning gatherings pending troop withdrawals and arrangements—a

18    

 

practice known as peacekeeping—was entrenched and seen in 1956 amid the Suez

Crisis between Egypt, Israel, France, and the United Kingdom (all-history.org,

2015). Peacekeeping missions have taken numerous structures, they are composed

and framed to be tranquil and to see to truce and not to bolster a gathering against the

other (all-history.org, 2015). Somewhere around 1948 and 1988 the United Nations

attempted around Thirteen peacekeeping missions including by and large genuinely

outfitted troops from unbiased and fair-minded nations other than the perpetual

individuals from the Security Council—frequently Canada, Sweden, Norway,

Finland, India, Ireland, and Italy (all-history.org, 2015). The troops in embedded in

these undertakings were permitted to utilize drive just in situations where self-

preservation is coincidentally vital (all-history.org, 2015). Somewhere around 1988

and 2000 more than 30 peacekeeping endeavors were approved, and at their crest in

1993 more than 80,000 peacekeeping troops representing about Seventy-Seven

nations were sent to better places all through the world (all-history.org, 2015).

2.3.2 Sanctions and Military Action

By subscribing to the Charter, all member states automatically agrees to put at the

disposal of the United Nations all their forces and military ammunition and

machineries that would aid the promotion and maintenance of peace globally (all-

history.org, 2015).

2.3.3 Arms Control and Disarmament

The UN's organizers trusted that the upkeep of global peace and security would

prompt the control and inevitable lessening of weapons (all-history.org, 2015). The

Charter empowers the General Assembly to pass commendations to the Security

Council about the control proliferations of arms and to prevent running to

ammunition indiscriminately (all-history.org, 2015).

2.3.4 Economic Reconstruction

The General Assembly, ECOSOC, the Secretariat, and a large portion of the

particular organs and specific organizations (all-history.org, 2015) of the UN are the

19    

 

custodian of advancing monetary welfare and prosperity and participation in ranges,

for example, post war recreation, specialized help, and exchange and improvement

(all-history.org, 2015). The significant work of financial remaking, be that as it may,

was designated to the World Bank, one of the major budgetary organizations made in

1944 at the United Nations Monetary and Financial Conference (regularly known as

the Bretton Woods Conference) (all-history.org, 2015). Despite the fact that the

World Bank is officially self-sufficient from the United Nations, it reports to

Economic and Social Council as one of the UN's particular offices (all-history.org,

2015). The World Bank works intimately with giver nations, United Nations

programs, and other specific organizations (all-history.org, 2015).

2.3.5 Financing Economic Development

The World Bank is additionally troubled with the assignment of financing monetary

advancement (all-history.org, 2015). The International Finance Corporation was

made in 1956 as an arm of the World Bank for the principle reason for animating

private speculation streams (all-history.org, 2015). The partnership has the power to

make direct credits to private ventures without government ensures and is permitted

to make advances for others than settled returns (all-history.org, 2015). While the

General Assembly gives heading and supervision to financial exercises, and

ECOSOC arranges distinctive offices and projects, UN improvement endeavors have

comprised of two essential exercises (all-history.org, 2015).

2.3.6 Trade and Development

Since the international trading system and the General Agreements on Tariffs and

Trade dealt primarily with the promotion of trade between advanced industrialized

countries, the General Assembly (Lynch, 2015) was able to establish the United

Nations Conference on Trade and Development (UNCTAD) to address issues

relating to developing countries in 1964 (all-history.org, 2015).

In exchanges with UNCTAD, assertions were to be on a Generalized System of

Preferences, to give lesser levy charges on fares to poorer nations and on the

20    

 

formation of a Common Fund, to back support stocks (all-history.org, 2015).

UNCTAD talked about inquiries identified with delivery, protection, things, the

exchange of innovation, and the methods for helping the fares of creating nations

(all-history.org, 2015).

2.3.7 Refugees

After the WW II, the IRO effectively relocated, sent home, moved and kept in safe

care more than one million European and Asian displaced people (all-history.org,

2015). It was scratched off in 1952 and supplanted by another universal evacuee

structure. In 1951 Economic and Social Council drew up, and the General Assembly

affirmed, a Convention Relating to the Status of Refugees (all-history.org, 2015).

The United Nations High Commissioner for Refugees (UNHCR) was then delegated

and coordinated to act under this tradition, and Economic and Social Council named

an Advisory Commission to help the High Commissioner (all-history.org, 2015). The

work of the UNHCR has turned out to be progressively fundamental since the late

1980s (all-history.org, 2015).

2.3.8 Human Rights

The UN dissimilar to the League of Nations consolidated the standard of

appreciation and sacredness for human rights into its Charter, insisting regard for

human rights and for central flexibilities for all without respect to sex, race, color,

connection, dialect or religion (all-history.org, 2015). By hypotheses of the Charter,

the General Assembly is accused of starting researches and putting forward

proposals, and Economic (all-history.org, 2015) and Social Council is in charge of

building up commissions and concentrated organizations to satisfy this order.

2.3.9 Control of Narcotics

The Commission on Narcotic Drugs was authorized by the General Assembly in

1946 to advise and make recommendations to the General Assembly on how to

21    

 

control the (all-history.org, 2015) abuse of Hard Drugs throughout the world (United

Nations Documents, n.d.).

2.3.10 Health and Welfare Issues

The UN, via the UNICEF and particular offices, for example, the WHO, progresses

in the direction of enhancing wellbeing and welfare conditions the world over (all-

history.org, 2015). UNICEF, initially called the UN International Children's

Emergency Fund, was built up by the General Assembly in December 1946 to

accommodate the necessities of youngsters in zones crushed by World War II (aj-

onu.org, 2015). UNICEF was made a perpetual UN association in 1953. Financed

generally by the commitments of part states, it has nourished youngsters in more than

100 nations, gave attire and different necessities, and looked to kill illnesses, for

example, tuberculosis, whooping hack, and diphtheria (aj-onu.org, 2015). UNICEF

advances ease preventive social insurance measures for youngsters, including the

bosom nourishing of newborn children and the utilization of oral rehydration

treatment to treat looseness of the bowels, the real reason for death in kids

(Academic Dictionaries and Encyclopedias, 2015). UNICEF has key observing

obligations under the Convention on the Rights of the Child (all-history.org, 2015).

WHO happen to be the essential UN office in charge of wellbeing exercises (all-

history.org, 2015). Among its real activities have been inoculation crusades to secure

populaces in the creating scene, regulation of the pharmaceutical business to control

the nature of medications and to guarantee the (all-history.org, 2015) accessibility of

lower-cost generics, and endeavors to battle the spread of HIV/AIDS (All-art.org,

2015).

2.3.11 The Environment

In light of developing world-wide worry over ecological issues, the General

Assembly organized the UN Conference on the Human Environment, which was

held in Stockholm in 1972 and prompted the establishment of the United Nations

Environment Program (UNEP) around the same time (concise.britannica.com, n.d.).

22    

 

UNEP has endeavored to discover answers for different ecological issues,

incorporating contamination in the Mediterranean Sea; the danger to aquatic life

postured by human action; deforestation, desertification, and drought; the exhaustion

of the Earth's ozone layer by human-created chemicals; and an unnatural weather

change (concise.britannica.com, n.d.).

23    

 

CHAPTER THREE: AFGHANISTAN AND LIBYAN CRISIS: ORIGIN OF

CRISIS, VIOLATION AND OPPRESSIONS IN THESE COUNTRIES,

RIGHTS AND JUSTIFICATIONS (IF ANY) FOR THE INTERFERENCE OF

UNITED NATION’S

 

The Afghanistan crisis has a long history and sources describe the crisis as the

greatest to have plagued any Arab nation. In April 1978, the Marxist People’s

Democratic Party of Afghanistan (PDPA) staged a coup (the so-called Saur

Revolution) with the help of pro-communist soldiers and executed the first president

of the country Mohammed Daoud Khan (1909-1978). From records, within the time

frame of two years, about 50, 000 people were killed by the Afghan Communist

regime (Kostov, 2015). Afghanistan became an interest of the Soviet army who

invaded to help the local communists to establish a pro-Soviet regime. This invasion

turn out to give birth to a 10 year old war with hundreds of thousands dead. Villages

were run down, children and adults were executed, many people were burnt alive

(Kostov, 2015). It was noted that the forces called mujahidin groups were more than

reliant on the US for support in terms of arms and intelligences. Via Pakistan, a good

amount of weapons were channeled into Afghan from US which goes into the hand

of the mujahideen group. It was not waved off that China, Saudi Arabia were also

involved in the support for the mujahideen.

After the rise and fall of Kabul, the Communist regime also vanished. Back to

mujahideen group, they took up a serious fight with the Soviet invasion and it was

after the Soviet Union withdrew its troops that the government fell and (Goldstein &

Pevehouse, 2008) after the fall, political parties agreed on what is today regarded as

the “Peshawar Accords” and established the Islamic State of Afghanistan

(danpritchard.com, n.d) which was then headed by an interim government. After this,

another Militia opposition sprang up led by one Gulbuddin Hekmatyar and led a

group of forces and started to bombard Kabul. Outside the whims of Hekmatyar,

three other forces engaged different locations in Kabul and engaged in violent wars

against each other. It is important to state that, countries such as Pakistani, Iran,

India, Uzbekistan, Saudi-Arabia because of interest in influencing the strategically

found Afghanistan bolstered and in specific instances organized a reasonable amount

24    

 

of powerful forces tormenting Kabul. By the time these forces were conjured in late

1994 to early 1995, another strong and devilishly dangerous militias called the

“Taliban” emerged and unrest returned, this time in death alarming scale to

Afghanistan. In that early 1995, the Taliban launched a major attack on Kabul and

suffered an alarming defeat and loss which made many to believe that that was the

end of the group, only for the group to re-organize and re-group in 1996, this time

around with martial backing from Pakistan and money related backing from Saudi-

Arabia. The Taliban till today remains one of the most dreaded forces in history. A

ragtag collection of ill-trained and extremist clerics and brainwashed students, this

obscure movement emerged out of the relics of cold war to shock the world with

their draconian Islamic teachings and beliefs. The Taliban even after the September

11, 2001 refused to surrender their vision, reinventing themselves as part of a wide

insurgency that destabilized Afghanistan and they even pledged and threatened to

drive out the United States of America, NATO and their allies and install an

Afghanistan government guided and ruled by an Islamic emirate. This till this

present day remains a very challenging phenomenon. While this paper sheds light on

the invasion of Afghanistan, the anachronistic band of religious zealots called the

Taliban contributed immensely although negatively to the calamity that befell

Afghanistan. Till today, the Taliban retains a tenacious foothold in the struggle for

the future of Afghanistan.

September 1996, the group took over Kabul and set up the Islamic emirate of

Afghanistan. It is critical to express that outside powers saw precariousness in

Afghan as a chance to press their own particular sanctuary and partisan

configurations. It is important to state that, the ever present institution of war always

working against all regime parastatals, police force and the judicial structures never

allowed any government to thrive and perform. Atrocities were committed in large

scale by individuals and different factions, lawlessness and chaos ruled and vast

rights abuses and violations as reported by the Human Rights Watch and the

Afghanistan Justice Project (danpritchard.com, n.d.). Back to the history, the The

United Islamic Front (Northern Alliance) was made under the initiative of Ahmad

Shah Massoud as a resistance with militia and politically driven power against the

Taliban Emirate which was upheld militarily by Pakistan's Army and loaded by a

25    

 

few thousand Al Qaeda cohorts from Arab nations and Central Asia (solverr.org,

n.d.).

Various NGO reports have successfully accused certain branches of the Afghanistan

government of violating human rights, not minding the very fact that military forces

and sect forces also used minors and women as tools of wars. Various accusations of

American soldiers on Afghanistan civilians ranges from Rape to torturing innocent

Afghans especially at the Beghram prisons. After the 9/11 attacks which inflicted the

US, it is important to state that (Survey of international law, 1971: p.1) the Taliban

created an environment that bred terrorism and terrorists. Osama Bin Laden, a

veteran of the fights against the soviets became a leading figure in the Al-Qaeda

terrorist organization, which remains till today a leading and sophisticated Islamic

terror groups in the world and it was from Afghanistan that Osama Bin Laden and

his terrorist members struck the United States of America on the 11 of September

2011 (Panhuys, Frederik, Brinkhorst, & Maas, 2013: p. 23). Al-Qaeda as a terrorist

group participated in the war in Afghanistan, Pakistan, Somali Civil War, Uprising in

the Maghreb, Iraq war, Iraqi uprising, Al –Qaeda uprising in Yemen and presently in

the current crisis in Syria. Al-Qaeda has been marked a terrorist group by the UN

Security Council, the NATO, EU and the US. Al-Qaeda has mounted and executed

different occurrences on civilians and military objectives in so many nations together

with the 1998 USA Bombings, the 9/11 attack on the World Trade Centre that

eventually led to the invasion of Afghanistan.

The National Security Directorate, Afghanistan’s national security agency has been

accused of running its own prisons, torturing suspect and harassing journalists

(danpritchard.com, n.d.). So also, local security force Militias have been reported

also to have their own prisons for torture and to kill people as well. Many civilians

were killed in battles with war lord forces with child death and rape taking fore. The

various governments limited freedom of the media by selective crackdowns and

invoked Islamic law (Marines.mil, 2015). The media was totally controlled by the

government.

Following the refusal to extradite bin-Laden, the United States with the backing of

some powerful forces (international community) responded with a military action. In

October 2001, the United States and its allies launched a bombing offensive against

26    

 

the Taliban although with support of Afghan forces. In late 2001, the Security

Council authorized the United States of America to overthrow the (Edersheim, 2013:

p.412) Taliban’s, which literality means, the invasion of Afghanistan territory by the

US was with the support of the UN, as an offensive against the terrorist Al- Qaeda

Organization (American Model United Nations, 2013). The Security Council of the

UN also authorized that the US and its NATO allies setup the International Security

Assistance Force (ISAF) so as to give the required military support and balance

(Morgan, 2014: p.599). It is important to state that during this invasion, the United

States ran a separate anti- terrorist military operation. It is important to state again

that in March 2002, the Security Council of the UN established the United Nations

Assistance Mission for Afghanistan (UNAMA) which was established to (unic.org,

n.d.) manage all United Nations humanitarian relief, recovery and reconstruction

activities (Medals.nzdf.mil.nz, 2006). Despite all these UN invasion and the United

States’ bombardment, Afghanistan remains a “failed state”. It has been reported that

the Taliban has enjoyed an upsurge of military success in 2007-2008, and in fact

several NATO countries have expressed their grievous concern and plight about the

political viability of the operation. Afghanistan has suffered bitterly from great

power rivalry and foreign military intervention which are only beneficial to powerful

forces of the world leaving the country in total disarray and over persistent

turbulence.

3.1 Legal Basis for the Use of Force against Afghanistan

Article 2 (3) of the United Nation’s Charter states that “all members states shall settle

their international disputes by peaceful means in such a manner that international

peace and security, and justice is not endangered (Al Saud, 2009). The question that

arises is that did the US (with the silent support of the Security Council) take all

necessary measures to settle the issue or not (Frohnen, 2008)? It merits emphasis to

stress that on the day of the attacks, the Taliban ambassador called a news

conference and declared openly that the Taliban would detain Bin Laden and put him

to trial under the Islamic law if a formal request and evidence is received from

America (Iram, 2011: p.76). President George Bush replied the Taliban when they

offered to surrender Osama Bin Laden for trial to a third party, if the bombing

27    

 

halted and they were shown evidence of his involvement in the terrorist attacks of

September 11, Bush said “there is no need to discuss innocent or guilty (Iram, 2011:

p.76). We know he is guilty (Iram, 2011: p.76). It sums it up all, the United States

was not ready to bring Osama bin Laden to face the law or even, it can be put that the

United States of America has more to push than to bring Osama Bin Laden to book.

The United States was keen to bring down and destroy Taliban and AL- Qaeda and

to also get complete control of Afghanistan; the worst and most alarming thing is that

(Iram, 2011: p.76) not even the United Nations asked for evidence of the

involvement of Al Qaeda. It can thus be conclusively agreed that the US with the

support of the UN Security Council (unic.org, n.d.) fixed not this matter in a

diplomatic way as postulated by Article (2) and (3) of the UN charter (Iram, 2011:

p.76). According to International Criminal Court of Justice, the right of self-defense

apply in the response of sending by or on behalf of a state of armed bonds, groups,

irregulars or mercenaries which carry out acts of armed forces, or its substantial

involvements therein (Iram, 2011: p.76). However, the armed attack occurs when the

connection between State and the State of non-actors is very close (Byers, 2002:

p.159), as such, the September 11 attack is not a State act, Afghanistan State was

never an actor in it and this brings to fore the fact and very truth that the invasion of

Afghanistan is not strictly legal but political and a flex of power. Terrorists are

individuals, Osama Bin Laden never held a political office neither did he took a

decision in a position of power bestowed on him by the supreme law of Afghanistan.

Politics of intervention is in style to achieve global targets set by powerful States and

this practice is normally carried out under the wide and politicized international law

(Iram, 2011, p.76).

The Bombings of the Afghanistan by the US supported by NATO forces are illegal.

The nineteen (19) men charged with the bombing of September 11, 2011 were not

Afghans. The invasion of Afghanistan is totally political and holds no legal badge.

Apart from internal political debates, most human rights violations that plagued

Afghanistan were those recorded during the invasion and war. The United States

tried to defend the invasion by claiming that it was needed to prevent a second

attack. Although debatable, even if this excuse is real, it has clearly no need for that

urgency used. United States political leaders claimed and even recently President

Barrack Obama confirmed it that the UN authorized the US of America’s attack of

28    

 

Afghanistan (Panhuys, Frederik, Brinkhorst, & Maas, 2013, p. 25). So the US troops

invaded Afghanistan with the support of the UN and under the banner of

International legitimacy (Unsgselection.org, n.d.). It is imperative to state that the

Security Council played beautifully to the gallery by openly passing various

resolutions but ignored to mention in any of their resolutions the use of force against

Afghanistan, although resolution 1373 affirmed that terrorism is an issue that

demands urgent attention and confrontation and an issue that the United Nations

would support international efforts to root and kill and also expressed strong support

for the Afghanistan to establish a new Taliban free government. This never alluded

to the approval of any military force (Paphiti, 2013) to be used against or in

Afghanistan by the US or any NATO state (Leo, 1984). While some writers claimed

that the war on Afghanistan was not authorized by the UN Security Council (idl-

bnc.idrc.ca, n.d.) in 2001 or at any time, the question to ask such writers is that has

the Security Council taken any step to disclaim this or has any step been taken to

penalize the United States? It is tacitly clear; the political underscore to the war in

Afghanistan is of benefit to the UN Security Council. The Afghanistan invasion and

interfering forcefully in the government of Afghanistan lacked both legal and moral

justification. An important fact which the United States failed to consider was that

the September 11 attack was a one-off, isolated incident and not part of the continued

attack on the US Civilians. It can thus be said that the war was not legal under the

ambits of International law (E-International Relations, 2013).

The relics of the invasion of Afghanistan are still up and doing till this present day

and should not be overlooked. The invasion can be argued to be just a wicked and

pointless one in its points as whatever other western mediation before it (E-

International Relations, 2013). The intercession had prompted more brutality in

Afghanistan and there are passing for all intents and purposes each day. The war had

prompted an expansion in inside and outer evacuees in Afghanistan and has likewise

captivated and radicalized numerous adolescents because of the brutality they have

seen and endured (E-International Relations, 2013) from and this has worked

negatively in eradicating Al-Qaeda and other terrorist groups (Peslherbe, 2015) and

the reason has to do with utilization of power which accidentally focuses on the

armless regular citizens has prompted more physically fit men receiving the very

philosophy the western world is attempting to kill and again Al-Qaeda's spans have

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become wide to achieve a considerable measure of spots, for example, Somalia and

Yemen since the war started (E-International Relations, 2013). The intercession was

not effective in the eradication of poverty (Paphiti, 2013) that has kept the land at

bay for many years but rather increased and killed the not too strong economy of

Afghanistan. Another devilish repercussion of the war is that it has spread crosswise

over visitor into Pakistan and this has prompted the passing of numerous guiltless

(Paphiti, 2013) civilians who became victims of the American drones and so on.

3.2 Libyan Crisis

Muammar Gaddafi became the de facto leader of Libya on the 1st of September 1969

(fausta.mulheres-sexo.info, n.d.) and led Libya for over four decades. Gaddafi led a

group of young Libyan military officers against king Idris I in a coup

(www.fausta.mulheres-sexo.info, n.d.) that was peaceful leading to king Idris fleeing

the country. Gaddafi alongside his coordinated Libyan Revolutionary Command

Council (LRCC) abolished Monarchical Constitution. After coming into power,

Gaddafi and his team immediately initiated a process of directing funds towards the

implementation of education, healthcare and housing although some criticized the

policies as not been utterly carried out and effective. The growth in riches of Libya

was complemented by a widely condemned external policy which too many

observers said led to the fall of Gaddafi. It is hard to believe that Libya of the 1950s

and the early 60s that was pro-western and loved by the western (thisisafrica.me,

n.d.) world would be taken over by Gaddafi and shut the American and British

frolicking. Gaddafi did everything within his power to nationalize foreign oil and

commercial interest that belongs to the western world in Libya. He then embarked on

praise singing people that the western world does not support and he ruled Libya

with iron fist and eliminated all political parties and restricted the lives of Libyans

(thisisafrica.me, n.d.) but it is important to state that his 42 years of reign, he made

great strides socially and economically - thanks to (thisisafrica.me, n.d.) the great

profit made from oil but tribes and clans continue to be part of the demographic

landscape. Women are allowed to dress as they wish subject to family restrictions

(thisisafrica.me, n.d.). Gaddafi almost wiped out illiteracy in Libya. In early 2011,

civil war broke out which was again in the context of Arab spring leading to Anti

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Gadhafi forces forming a committee named the National Transition Council

(fausta.mulheres-sexo.info, n.d.) which was meant to be an interim government in

State conquered by the rebels. Cities such as Benghazi, Beni, Walid and Darmah

witnessed the early parts of the fierce protest against the Gaddafi administration.

Many Libyans have complained of frustration towards long delays in provision of

affordable houses and lack of basic amenities and perceived political corruption. A

month after the protested started against the Gaddafi administration, the Gaddafi

government had arrested human right activists but it is important to state that what

culminated in this crisis started as a mere protests for lack of amenities but soon later

changed into anti- government demonstrations as the protesters drew their inspiration

from the regional movements and success in Tunisia and Egypt demanding a change

of government and insisting on the departure of Gaddafi, but the violence used

against the protestors sparked outrage and led to the formation of various rebel

groups effectively turning the conflict into a full-fledged civil war. It is however vital

to point it out that even though that Gaddafi did fairly well compared to other

African and Middle East leaders (bahamaislandsinfo.com, n.d.), Colonel Gaddafi is a

troublemaker and has instigated conflict all over the world and has his hands in

virtually all conflicts in Africa, Middle East and so on. He was known to have

financed the Polisario, front the people’s front for the liberation of Saguia et Haura

(red canal) and Rio De Oro (gold river) in their struggle for the liberation and

independence for Western Sahara against Morocco (bahamaislandsinfo.com, n.d.).

Gaddafi supported former Chadian president in person of Guokoni Quadeyyi of the

Northern Chad against President Hisseine Hobre and later fought Chad over the

phosphate rich (bahamaislandsinfo.com, n.d.) Azozou stripwhich he nefariously

claimed belonged to Libya. Gaddafi was in full support of Late Ugandan warlord,

Idi-Amin. Gaddafi was involved and in fact aided Charles Taylor in his war against

Samuel Doe. Gaddafi supported the Irish Republican Army (IRA) against the British

Government in Northern Ireland (bahamaislandsinfo.com, n.d.). Gaddafi played an

active role in the Lebanon crisis, he supported Moussa Bigade and when he fought

Moussa Bigade, Ghaddafi was alleged to have arranged his kidnap. Till today, no

one knows the whereabouts of Moussa Bigade. He played another devil in Indonesia.

He clashed with virtually all leaders of the world and has just few friends. It merits

emphasis to state that the western world’s hatred for Gaddafi got to the crescendo

when he visited the United States to address the United Nation General Assembly.

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He tore a copy of the UN charter in front of startled delegates and accused the

Security Council of being an Al-Qaeda and called for George Bush and Tony Blair to

be tried for the Iraqi war and demanded the sum of 7.7. Trillion dollars in

compensation for the ravages of colonialism on Africa (Taipeitimes.com, 2009) and

he right there renamed the Security Council “terror council” and said their veto was

equivalent to terrorism. We can now vividly see the kind of person Gaddafi was and

he cannot stop looking for enemies.

3.3 How Legal Was the Intervention of the UN in the Libyan Crisis

It is important to state that the interference with the Libyan internal scuffles raises a

question that deeply questions the adherence to the legal structures of the UN charter.

While there can be no doubt that great benefits were derived from the interaction

(Ademola, 2015) as it sent a non-democratic government packing but was it within

the tenets of the law? The drum for military intervention for Libya has loudly beaten

by USA, UK and France using the slogan “To stop Gaddafi from slaughtering his

own people” (saharareporters.com, n.d.). The question to ask is, when these countries

became friends with the Libyan people. It is important to state again that change in

any country in the world must benefit in the hands of the people, as change from

outside may not immediately bring lasting peace to a country. The United States led

NATO action in Libya violated the parameters of the United Nations Resolution,

when the pretense of imposing a no-fly zone quickly manifested into a government

change operation. But taking a look at the consequences of the intervention, things

have gone from bad to worse for Libya and has left Libya flooded with weapons that

are so dangerous for the peace of the entire world and it has been reported that

Gaddafi never perpetuated a bloodbath in any of the cities that his forces has

captured from rebels before the illegal intervention of NATO. That says that there is

likely no risk of bloodbath if the NATO forces did not intervene in what is totally an

internal affair and posed no danger to the peace of the entire world. And by

intervening in the crisis, the rebels banked on the support of NATO and resumed

hostilities which eventually led to the death of more than 7,000 persons.

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Chapter VIII of the Charter of the UN (assembly.coe, n.d.) which recognizes regional

“arrangement or agencies” have a marked role to play in the maintenance of

international peace and security; hence these organizations (Ademola, 2015) have the

necessary empowerment to conduct pacific settlement of disputes among members as

postulated by Article 52 entirely on their own without any recourse whatsoever to the

Security Council (Article 53) (unu.edu, n.d.). This is one of the three basis postulated

by the UN Charter as constituting exceptions to the general prohibition of force

under article 2 (4) of the Charter (the other two is the right of individual or collective

self- defense (Article 51), which comes to fore only after an armed attack has

occurred against (Ademola, 2015) the United Nations members, and now the futile

actions against former enemy states (Article 107) (Ademola, 2015). The treaties of

most regional organizations contain provisions enabling them to defend themselves

once an attack occurs against their members) (Ademola, 2015).

It merits emphasis to state that whenever states decide to use force against another

state individually or as a state, the first question that begs to be answered is whether

such an option is pursuant to the right of self defence as postulated by article 51 of

the United Nations Charter or is it authorized by the Security Council (Ademola,

2015). In the case of Libya, with regard To article 51, Article 51 does not apply as

Libya did not attack any NATO member state (Ademola, 2015). It can thus be

conclusively reached that only an authorization by the Security Council could

provide a legal backing for any military action against Libya and keep NATO action

in violation of Article 2(4) (Ademola, 2015). Now, was NATO invasion of Libya

authorized? The Security Council understands how important it is for all bodies or

organizations that would be involved in the enforcement of the Libyan resolution to

act in accordance with article 54 (Ademola, 2015). Hence, the Security Council

insisted on the Resolution of 1973 that such organizations must “inform the United

Nations Secretary–General and the Secretary General of the League of Arab States

immediately of steps to be taken in the exercise of authority conferred. NATO did

not comply with Article 54 of the United Nations Charter just for the simple fact that

it is not governed by chapter VIII (Ademola, 2015) whereas during the Bosnia/

Herzegovina crisis, NATO complied with article 58 despite the fact it was not

governed by chapter VIII [18]. It could thus be said that the UN Security Council

despite knowing that NATO lacks the legal standing to interfere in the crisis